MANIKA DEY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In connection with a proceeding under Section 125 of the Code of Criminal Procedure, the present petitioner, admittedly the legally married wife of the opposite party, has been awarded a sum of Rs. 1,000/- per month for herself and a sum of Rs. 700/- per month for her minor daughter as their monthly maintenance. Simultaneously, in connection with a Matrimonial Suit filed by the husband seeking dissolution of marriage, the husband has been directed to pay a sum of Rs. 1,000/- per month as alimony pendente lite to the wife and a sum of Rs. 700/- to the minor daughter for her maintenance. In the meanwhile, the wife/petitioner moved an application under Section 127 of the Code of Criminal Procedure for enhancement of maintenance. The said application for enhancement of maintenance has been disposed of by the Court below directing the opposite party/husband to pay her a sum of Rs. 2,000/- and a sum of Rs. 1,500/- to her minor daughter as their monthly maintenance. Being aggrieved by such order of enhancement and alleging that the rate of enhancement is too meagre, the petitioner/wife has moved this criminal revision.

(2.) Heard the petitioner appearing in person as well as Mr. Prakash Chandra Pal, learned advocate appearing on behalf of the husband/opposite party. Perused the materials on record. In this case, neither the marriage nor the paternity of the child has been disputed. It is an admitted position that the wife/petitioner along with her minor child has been residing at her matrimonial home owned by her husband jointly with other co-sharer.

(3.) Mr. Pal, learned advocate for the opposite party/husband produced the pay slip of the husband/opposite party for the month of February, 2010, who is a booking clerk under the employment of Indian Railways. It appears from the said pay slip that his gross salary was Rs. 25,692/- per month. It further appears after statutory deductions, the husband/opposite party received the net salary of about Rs. 16,500/-. In the case at hand, these are the admitted position;